Kyoto Protocol to the Convention on Climate Change 5

Kyoto Protocol to the Convention on Climate Change

 

Article 14

1. The secretariat established by Article 8 of the Convention shall serve as the
secretariat of this Protocol.

2. Article 8, paragraph 2, of the Convention on the functions of the
secretariat, and Article 8, paragraph 3, of the Convention on
arrangements made for the functioning of the secretariat, shall apply mutatis
mutandis to this Protocol. The secretariat shall, in addition, exercise the
functions assigned to it under this Protocol.

Article 15

1. The Subsidiary Body for Scientific and Technological Advice and the
Subsidiary Body for Implementation established by Articles 9 and 10 of the
Convention shall serve as, respectively, the Subsidiary Body for Scientific and
Technological Advice and the Subsidiary Body for Implementation of this
Protocol. The provisions relating to the functioning of these two bodies under
the Convention shall apply mutatis mutandis to this Protocol. Sessions of the
meetings of the Subsidiary Body for Scientific and Technological Advice and
the Subsidiary Body for Implementation of this Protocol shall be held in
conjunction with the meetings of, respectively, the Subsidiary Body for
Scientific and Technological Advice and the Subsidiary Body for Implementation
of the Convention.

2. Parties to the Convention that are not Parties to this Protocol may
participate as observers in the proceedings of any session of the subsidiary
bodies. When the subsidiary bodies serve as the subsidiary bodies of this
Protocol, decisions under this Protocol shall be taken only by the Parties to
this Protocol.

3. When the subsidiary bodies established by Articles 9 and 10 of the Convention
exercise their functions with regard to matters concerning this Protocol, any
member of the Bureaux of those subsidiary bodies representing a Party to the
Convention but, at that time, not a party to this Protocol, shall be substituted
by an additional member to be elected by and from amongst the Parties to this
Protocol.

Article 16

The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, as soon as practicable, consider the application to this
Protocol of, and modify as appropriate, the multilateral consultative process
referred to in Article 13 of the Convention, in the light of any relevant
decisions that may be taken by the Conference of the Parties. Any multilateral
consultative process that may be applied to this Protocol shall operate without
prejudice to the procedures and mechanisms established in accordance with
Article 17.

Article 16 bis

The Conference of the Parties shall define the relevant principles,
modalities, rules and guidelines, in particular for verification, reporting and
accountability for emissions trading. The Parties included in Annex B may
participate in emissions trading for the purposes of fulfilling their
commitments under Article 3 of this Protocol. Any such trading shall be
supplemental to domestic actions for the purpose of meeting quantified emission
limitation and reduction commitments under that Article.

Article 17

The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, at its first session, approve appropriate and effective
procedures and mechanisms to determine and to address cases of non-compliance
with the provisions of this Protocol, including through the development of an
indicative list of consequences, taking into account the cause, type, degree and
frequency of non-compliance. Any procedures and mechanisms under this Article
entailing binding consequences shall be adopted by means of an amendment to this
Protocol.

Article 18

The provisions of Article 14 of the Convention on Settlement of Disputes
shall apply mutatis mutandis to this Protocol.

Article 19

1. Any Party may propose amendments to this Protocol.

2. Amendments to this Protocol shall be adopted at an ordinary session of the
Conference of the Parties serving as the meeting of the Parties to this
Protocol. The text of any proposed amendment to this Protocol shall be
communicated to the Parties by the secretariat at least six months before the
meeting at which it is proposed for adoption. The secretariat shall also
communicate the text of any proposed amendments to the Parties and signatories
to the Convention and, for information, to the Depositary.

3. The Parties shall make every effort to reach agreement on any proposed
amendment to this Protocol by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the amendment shall as a last resort be
adopted by a three-fourths majority vote of the Parties present and voting at
the meeting. The adopted amendment shall be communicated by the secretariat to
the Depositary, who shall circulate it to all Parties for their acceptance.

4. Instruments of acceptance in respect of an amendment shall be deposited with
the Depositary. An amendment adopted in accordance with paragraph 3 above shall
enter into force for those Parties having accepted it on the ninetieth day after
the date of receipt by the Depositary of an instrument of acceptance by at least
three fourths of the Parties to this Protocol.

5. The amendment shall enter into force for any other Party on the ninetieth day
after the date on which that Party deposits with the Depositary its instrument
of acceptance of the said amendment.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Settlement of Disputes.


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